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V.

PROBLEMS ENCOUNTERED BY THE KATARUNGANG PAMBARANGAY IN THE

PERFORMANCE OF THEIR FUNCTIONS

Table 4 showed the problems encountered by the Lupong Tagapamayapa as

perceived by the Lupon. Lack of training/ seminars attended ranked first, with sixty one

(61) counts, (42.9%). The second problem was the lack of funds for Katarungang

Pambarangay, forty five counts (45) or (31.6%). Non-appearance of the respondents in

the hearing ranked third, with thirty six counts (36) or (25.3%).

Given the fact that they lack training it could be inferred that the Lupon members

have minimal knowledge regarding the technicalities in the procedural solving of

disputes in the context of Katarungang Pambarangay system. The data also suggest

that the Department of Interior and Local Government (DILG) should conduct more

trainings that could help improve in the disposition of cases in the barangays to increase

the level of competence in the basic political unit of the state.

Lack of funds was perceived to hinder the performance of the lupon. In the study

of Valenzuela J. (2013), lack of budget resulted in the ineffectiveness of the barangay

officials in Local Governance in Legazpi. Therefore financial constraints resulted to the

poor consequences in the performance of the Lupon. Proper allocation of budget must

meet the required incentives and honorarium for the Lupon in accordance with the RA

7160. Non-appearance of the respondents, as in the two disputing party was a problem

of non-cooperation. Without the parties involved the cases could be clogged in the

barangay or dismissed. That being said, the constituents must also do their role and

participate in the conduct on their respective barangays.

as a perceived problem by the lupon in table 4. showed the recommendations towards the problems of the Lupong Tagapamayapa as perceived by the lupon.9%) was on third rank. RECOMMENDATION OF THE LUPON TOWARDS THE PROBLEMS ENCOUNTERED BY THE LUPONG TAGAPAMAYAPA Table 5.v. It showed that there should be an additional requirement for every would-be lupon to have at least attended seminars and trainings which are relevant to the Lupon’s functions which has a gleaned count of seventy seven (77) or a percentage of fifty four point two percent (54.3%). There should be an active monitoring on the higher agency.a. knowledge. specifically the DILG over the operations of the Lupong Tagapamayapa from receiving complaints up to the settlement proceedings got the least rank with fifty three (53) counts or thirty seven point three (37. This will . it can be inferred that the lupon are aware that the need of additional trainings and seminars attended by the members of the Lupon would improve the disposition of their functions and the exercise of their duties. followed by the Lupong Tagapamayapa should impose sanctions for parties who failed to appear for the hearing which has sixty one (61) glean count or forty two point nine percent (42. This data is consistent on the lack of seminars and trainings that should be provided by the LGU or DILG. and suitability for the task of conciliation of disputes has a gleaned count of sixty two (62) or a percentage of forty three point six (43.6%) was on second rank. There should be a keen assessment and evaluation on every would-be Lupon in order to see its capacity.2%) was ranked first. In connection with the data stated above.

. Additional requirement means an increase in the fast settlement of cases because more knowledge and strategies on settling disputes would be acquired by the members of the Lupon. The lupon members also recommend that the Lupong Tagapamayapa should impose sanctions for parties who failed to appear for the hearing. Monitoring by the DILG over the operations by the Lupong Tagapamayapa ranked least in the recommendations. Assessment and evaluation is indeed necessary so as to contribute to the speedy disposition of the cases. Appearing on date set for hearing means that parties were cooperating with the Lupong Tagapamaya as they complied with the procedural means to settle disputes. and suitability for the task of conciliation of disputes. Concerning the problem on the keen assessment and evaluation on every would- be Lupon in order to see its capacity. The authority of the Barangay Chairman to supervise in the affairs of the lupon was acknowledged to suffice the imperative compliance duties and obligation. appearing on time for the hearing would lessen the time of settling cases. This was an implication that the lupon members wanted to enjoy autonomy. Moreover. This data showed that discipline was an important factor to easily settle disputes. taking into consideration that less knowledge. capacity and suitability to the position would just worsen the settling of the resident’s conflicts.be a reminder to the agencies that they should give more attention and support to the Lupong Tagapamayapa as a group under their jurisdiction. it can be inferred that in relation with the data above. knowledge. additional trainings and seminars would add to the good qualification of a Lupon.

1%) which ranked first. showed the recommendation of residents toward the problems encountered by the Lupon.9%) was on second ranked. there should be the imposition of sanctions to the members of the lupon who neglected their responsibility of receiving complaints for the settlement of dispute in the Barangay had a gleaned count of three hundred forty two (342) or a percentage of eighty five point nine percent (85.8%) was on third ranked. If properly monitored. RECOMMENDATION OF THE RESIDENTS TOWARD THE PROBLEMS ENCOUNTERED BY THE LUPONG TAGAPAMAYAPA Table 5b. the lupon should actively transmit or endorse the case to courts for adjudication which has three hundred ten (310) glean count or seventy seven point eight percent (77. followed by The Lupon Tagapamayapa should give their utmost efforts in conciliating opposing parties. over the operations of the Lupong Tagapamayapa from receiving complaints up to the settlement proceedings which had a gleaned count of three hundred fifty one (351) or (88. The least had a frequency count of two hundred thirty nine (239) counts or sixty percent (60. This recommendation is perceived as a way to improve the expedite resolution of the lupon in the dispensation of the barangay justice system. specifically the Department of Interior and Local Government (DILG). the idea was .v. Followed by the Lupon Tagapamayapa should at all times entertain all complaints filed by any party. The monitoring of the higher agency specifically by the DILG in the operations of the lupon is the most important recommendation for the residents. but if there is a failure to attain amicable settlement. There should be an active monitoring of the higher agency.0%) stated that the Lupon Tagapamayapa should impose sanctions for parties who failed to appear for the hearing. If any rejection happens.

The effort to conciliate was not to be in vain even if it be forwarded to the court if the disputants seen it. Generally speaking. In fact. It could be inferred that the sanctions for the party who failed to appear was arbitrary since the parties concerned could receive a letter from the barangay. If all the complaints were entertained they have to be heard by the counsel. The second ranked recommendation sought to gain the trust in the lupon members.to gain financial assistance. The negligence or non-participation of the constituents would hinder the services intended for them. The least in the recommendation was that. training and seminars by the DILG based on the assessment in the lupon. Corollary to the settlement of disputes the exhaustion of efforts is deemed significant so that the problems would be settled. . The residents wanted the arbitrators to be accommodating with regard to the issues in the barangay and the parties concerned. the Lupon Tagapamayapa should impose sanctions for parties who failed to appear for the hearing. the residents knew the significance of their role in improving the effectiveness of the lupon members and the barangay as a whole. there was no provision in the Katarungang Pambarangay Law that state the necessity of imposing sanctions. If a barangay sanctioned the party who failed to appear the barangay’s action was questionable on the grounds unjustifiable burden in the party. Likewise the residents wanted a body or agency higher than the barangay to oversee the conduct of lupon and barangay officials as a way to correct an impending flaw and shortcomings.

It implies that the respondents were not well equipped with the basic knowledge of the Katarungang Pambarangay Law. This implies that they are conscious of the basic proceedings and technicalities necessary in carrying out their functions in the implementation of the justice system in the barangay. It also implied that the willingness of the educated It was found out that respondents who claimed to have attended the seminars and trainings with regard to the Katarungang Pambarangay Law are only fifteen (15) out of the total lupon members. 3. the majority is ten to fifteen (10-15) years. 2. 1. Most of the respondents were residing for a long time in their barangay. The personal profile of the lupon members as to their age. sex and educational attainment suggests that the experiences of the persons were factors in their appointment by the barangay captain. It turned out that most of the members of the Lupong Tagapamayapa belong to the elderly sector. This is an implication that the Lupon is a significant instrument in settling disputes through the administration of justice between and among their constituents. . graduated from college and government employee. the following conclusions were deduced.Conclusion Based on the foregoing findings. male. This implies that residency is a factor in their familiarity with the environment within their jurisdiction. It turned out that the Lupong Tagapamayapa is very effective in solving cases. Most of the Lupon members claimed that they were fulfilling their duty in accordance with the laws and rules.

The Lupong Tagapamayapa members recommended that additional requirements for every would-be lupon to have atleast attended seminars and trainings should be imposed as a response to the problems encountered by them. the residents of the barangays recommended several solutions in order to improve the performance of the functions of Lupong Tagapamayapa. This implies that most lupon members agreed that in order to have an efficient settlement of disputes. On the other hand. This means that the respondents themselves are aware of their responsibility as citizens and constituents but further support from concerned government agencies is required. Recommendation . 5. This implies that most of the Lupon members are applying only their basic knowledge on solving conflicts without enhancing their skills and knowledge through seminars and trainings regarding amicable settlement of disputes. every lupon must possess the capacity and ability to resolve conflicts which are reflected in the trainings and seminars they have attended. 4. It was clearly shown that majority of the Lupong Tagapamayapa members have lack of trainings and seminars attended being the problem relating to the performance of their functions.

From the foregoing conclusion. and other functions of the lupon members 4. recommendations are hereunder presented for possible consideration of the respondents. over the operations of the Lupong Tagapamayapa from receiving of complaints up to the settlement proceedings. Assigning one from the LT who will be responsible for the monitoring of the lupon members in discharging their duties. 2. but if there is a failure to attain amicable settlement. For the residents: 1. The Lupong Tagapamayapa should give their utmost efforts in conciliating opposing parties. The Lupong Tagapamayapa should impose sanctions for parties who failed to appear for the hearing. . The Lupong Tagapamayapa should at all times entertain all complaints filed by any party. There should be an active monitoring of the higher agency. If any rejection happens. For the Lupong Tagapamayapa: 1. and other concerned constituents and researchers who may have studies similar to this present undertaking. such as the maintenance of all record books of all complaints by the secretary of lupon. there should be the imposition of sanctions to the members of the lupon who neglected their responsibility of receiving complaints for the settlement of dispute in the barangay. 3. the lupon should actively transmit or endorse the case to courts for adjudication. specifically the Department of the Interior and Local Government (DILG).

There should be a keen assessment and evaluation on every would-be lupon in order to see its capacity. and suitability for the task of conciliation of disputes. 2. 3. knowledge. The Lupong Tagapamayapa should first orient the disputants an agreement that they will act accordingly with respect towards the lupon members as the mediator in order to settle the dispute peacefully without contempt from the parties involved. . The lupon must actively seek financial support from the city or municipal government or other higher agencies for the effective operations of the Katarungang Pambarangay.